Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, July 18, 2000
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday, July 18,
2000 in the Town Board meeting chambers, located in Town Hall, 128 S. Main
St. Mayor Gerald W. Holleman presided,
calling the meeting to order at 7:30 p.m.
A quorum was established as the mayor and all five board members were
present as the meeting opened.
Board
Members Present: Commissioners Tim Sack, John Schifano,
Parrish Womble, Peter Atwell and Hank Dickson and Mayor Holleman.
Board
Members Absent:
None.
Staff
Members Present: Richard B. Self, town manager; Ernest C.
Pearson, town attorney; Joni Powell, town clerk (recording the minutes);
Stephanie Sudano, director of engineering; Gina Bobber, planning director; Len
Bradley, parks and recreation director; Jennifer Carr, director of economic
development; and Cecil Parker, chief of public safety.
2 and 3.
The pledge of allegiance was recited, and the meeting opened with a
moment of silent meditation.
4. Agenda Adjustment – The July 18, 2000 meeting
agenda was adopted with changes, if any, as listed below.
Motion Made By: Sack
Motion Seconded By: Schifano
Vote: Unanimous.
Items Added to Agenda: Item 9c., setting a public hearing
date of Aug. 15, 2000 to receive input on Rezoning Petition 00-R-09 requesting
C-1 zoning for property located on Hwy. 55, was added to the Consent Agenda; a
Closed Session to discuss with the Town Attorney matters of litigation, Wake
County; Don Davis; and easement acquisition with the Board of Education.
Consent Agenda Items Moved to New
Business: Item 9a.,
Arbor Creek Commerical Lot 177.
Other Changes: Because it was
determined prior to the Board meeting that inadequate notice was published in
one newspaper, Public Hearing No. 5b on Rezoning Petition 00-R-09 was removed
from the agenda. Likewise, Action Item
No. 8a on Rezoning Petition 00-R-09 was removed from the agenda.
5a. Public Hearing: Douglas Street – Mrs. Sudano explained that the
Town has received a request from a property owner that the Town abandon and
close a small unpaved portion of what was once planned to be the extension of
Douglas Street. She showed the Board on
a map how Douglas Street stems off New Hill Road and runs about two blocks
roughly southwest. Douglas Street ends in a curve to the east where it becomes
Cross Hill Lane, she pointed out. The
unpaved right-of-way for Douglas Street, however, continues straight for
another 104 feet or so and ends. At the end of this strip are two homes in the
Avent Acres Subdivision; therefore, it is not likely that Douglas Street will
ever be extended beyond where the pavement currently curves to the east, she
said.
The homebuyer of Lot 22 in Cross
Point Village requests that the Town abandon this strip of right-of-way that
will never be used as a street. The
buyer’s home currently is under construction, with closing scheduled for
August.
The request has been reviewed by the
Economic Development, Planning and Engineering Departments. There are no staff objections to the Town’s
closing this right-of-way, and Mrs. Sudano confirmed that the Town has no use
for the right-of-way as a street.
Commissioner Womble asked if
ownership of the property would be divided evenly between the two adjacent
property owners. Mrs. Sudano said
yes.
Commissioner Dickson asked why only
the property owners parallel to the right-of-way would gain property and not
those whose lots abut the end of the right-of-way. Mrs. Sudano explained that state laws are explicit and that
the centerline of the right-of-way is used as a dividing line for property
reversion.
With that explanation completed,
Mayor Holleman opened the public hearing.
The following comments were offered:
Kathleen Hines, 209 Dutch Hill
Road – Mrs. Hines explained that she owns one of the backyards that abuts
the easement. She spoke in favor of the
road closing. She said people use her
backyard to traverse the right-of-way and maybe closing the road will put an
end to the foot traffic through her backyard.
There being no further comments, the
public hearing was closed.
5b. Public Hearing: Rezoning Petition 00-R-09 – deleted from the agenda.
5c. Public Hearing: Ordinance
00-O-09, Weekend Directional Signs – Ms. Bobber
provided the background on this topic.
She explained that the draft proposed Zoning Ordinance amendment
addresses the use and enforcement of temporary directional signs to new
developments and homes for sale within the Town of Holly Springs. This ordinance does not affect the current
regulations for temporary signs for special events and yard sales, she
stressed.
Ms. Bobber explained that the
proposed ordinance would allow for temporary directional signs to be used from
5 p.m. on Friday evening to 8 a.m. on Monday morning only for Open Houses, Real
or Personal Property Auctions, and New Developments/Subdivisions under
construction.
She explained that the ordinance divides
directional signage into two categories: 1. Open Houses for Real Estate for
Sale and Real or Personal Property Auction and 2. New Development.
For re-sale
houses and auction of existing homes, Realtors and home owners are currently
allowed to have one sign on the property for sale. All directional signs that are placed at intersections are
currently prohibited, although not strictly enforced. Under the proposed ordinance, these signs will remain prohibited
and enforced, but directional signs will be allowed to be posted for Open
Houses as specified, she said. These
signs will be limited to one sign per open house or auction at a single corner
or point, she added.
For new development, developers will
be allowed to post 10 directional signs advertising the subdivision under
construction. These signs will be
required to receive a permit annually to be displayed on the front of the sign
so that Staff can easily determine if the sign has been permitted. Such signs also will be limited to one sign
at a corner or a single point per development.
With that explanation completed, the public hearing
was open. There were no comments for or
against the proposed ordinance, and the public hearing was closed.
6. Coalition
for Youth and Families Communication
-- Mr. Bradley introduced Ms. Kate Peterson, Building Youth Assets Project
Coordinator and on staff at the Methodist Home for Children, who addressed the
Board. Ms. Peterson is affiliated with
the Holly Springs Coalition for Youth and Families. The purpose of the presentation was to provide results from a
survey conducted in Wake County among sixth-, eighth- and eleventh-grade
students in which students were asked about the positive influences and activities
in their lives. The objective was to
determine the needs of our youth that would increase assets in their lives and
implement plans accordingly, she said.
According to Ms. Peterson, the survey results show that Holly Springs is a community stronger than the national average, but also a community that can improve upon its ability to provide developmental assets for all children.
No
action taken.
7a.
Resolution 00-R-20 -- Resolution 00-R-20, a resolution ordering the closing of a
portion of Douglas Street was adopted following a motion by Commissioner
Dickson, a second by Commissioner Sack and a unanimous vote.
A
copy of Resolution 00-R-20 is incorporated into these minutes as addendum
pages.
7b.
Water Tower – Mr.
Self reported to the Board and the audience that it had been decided through a
telephone poll of Board members conducted on Friday that one side of the water
tower behind Holly Springs Elementary School would be painted with the Town’s
name. The Town Manager explained that
the poll was necessary since the painting company was ahead of schedule and
would charge the Town a remobilization fee if it had to return workers to the
site after the weekend. The Town will
receive a credit for not having the name of the Town painted on the opposite
side of the tower.
No
action taken.
8a.
Rezoning Petition 00-R-09 – deleted from the agenda.
8b.
Ordinance 00-O-09 – Commissioner Dickson suggested that the draft ordinance be amended to
set out a schedule of 8 p.m. Friday to 5 a.m. Monday to avoid rush hour
traffic.
Commissioners
were amenable to the suggestion.
Commissioner
Dickson said he would like clarification of “subdivision under construction.”
Ms.
Bobber said she would interpret that to mean that new homes were available for
first- time occupancy and a subdivision under development would be eligible
until all new homes are sold.
Commissioner
Dickson said he would anticipate a burgeoning number of new developments
requiring directional signs.
Multiplying those new subdivisions by 10 signs each, he said, may result
in too many signs. He suggested
reducing the number to six or eight.
Commissioners’
consensus was that a reduction in the number of signs allowed from 10 to a
lesser number was acceptable. In
discussing what that number should be, the Board agreed with Miss Bobber, who
suggested that the Board set a low number that could be increased, if
needed. She pointed out that it would
be more difficult to set a high number and later reduce it after permits had
been issued for the year.
The
Board agreed to an amendment to the ordinance to reduce the number of allowable
signs from 10 to six.
Action: The Board approved a motion to adopt
Ordinance 00-O-09 as amended to modify the times during which directional signs
would be allowed (8 p.m. Friday to 5 a.m. Monday) and the number of signs per
development that would be allowed (6).
Motion
By: Sack
Second
By: Dickson
Vote:
Unanimous
A
copy of Ordinance 00-O-09, as amended, is incorporated into these minutes as
addendum pages.
8c.
Resolution 00-R-21 – Mrs. Sudano explained that Resolution 00-R-21 is a “Resolution of
Intent” providing for the "municipally-initiated annexation" of most
of the properties in the Fair Share area.
The resolution is the first step in a series of steps required for the
Town to annex the properties involved, she said, adding that in beginning the
process now, these properties will be officially annexed into the Town limits
in 2001, around the time that municipal water and sewer services will be
available.
Action:
The Board approved
a motion to adopt Resolution 00-R-21, a resolution stating the intent of the
Town to annex the Fair Share area and setting the date of an informational
meeting for Sept. 5, 2000 and a public hearing for Oct. 3, 2000.
Motion
By: Womble
Second
By: Schifano
Vote:
Unanimous.
A
copy of Resolution 00-R-21 is incorporated into these minutes as addendum
pages.
8d.
Arbor Creek Commercial Lot 177 – Ms. Bobber explained that a preliminary plan had been
submitted for Arbor Creek Commercial on Lot 177 in Arbor Creek, located on the
north side of Osterville Drive. The
proposed plan is for a 21,800 square foot commercial building on 2.3 acres. According to the Arbor Creek Master Plan,
all new commercial development is required to conform to all current commercial
district requirements. All requirements
have been satisfied, she said. The proposed Landscape Plan for this lot
provides for additional landscaping than the existing commercial lots in Arbor
Creek to meet the NC 55 Thoroughfare Buffer requirements.
Ms.
Bobber advised that the Planning Board recommended approval, contingent upon
all drainage issues’ being addressed, following a 5-1 vote
She
added that staff recommends approval, contingent upon the following: Separate Arbor Commons Drive construction
drawings by the developer of the PUD (currently in construction drawing review
process) be amended to show new drainage patterns and structures that will be
designed to handle the drainage for this Commercial site; that the construction
drawings, as well as the Arbor Creek Commercial Center preliminary plan, be
amended (to agree with each other).
Ms.
Bobber summarized that staff issues were drainage and landscaping. She said the proposed landscaping along Hwy.
55 was doubled compared to the existing Arbor Creek commercial area. She added that the developer is working with
the developer of other portions of Arbor Creek to redirect the drainage north,
and not south to existing draininage mechanisms. Ms. Bobber said the building
design and building materials will match and be compatible with existing
development.
Ms.
Bobber explained that the Planning Board had several issues with the
preliminary plan, but that those details have been addressed by the engineering
department.
Commissioners
discussed whether or not the Board should require a 50-foot buffer as required
by ordinance, instead of 30 feet as allowed on the Arbor Creek PUD master
plan. Commissioner Schifano said he
saw no problem with enforcing the 50-foot buffer (or 30-foot buffer with
parking in the back), regardless of what the developer was informed.
A
representative of the project pointed out that the additional buffer would
throw off the access drives so that they did not match up evenly with the
existing commercial sites. He said the
driveways would not be on center.
Commissioner
Schifano suggested that the developer, then, provide golf club-type rolling
berms along the Hwy. 55 frontage to compensate for what the buffer would lack
in depth. The developer’s
representative was agreeable to the suggestion.
Action:
The Board approved a motion to approve the preliminary plan for Arbor Creek
Commercial Lot 177 contingent upon the developer’s installing rolling
landscaped berms along the Hwy. 55 frontage and his satisfying all staff
comments.
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous.
9b.
Minutes –
The Board approved minutes of the Board’s meetings held during May 2000
following a motion by Commissioner Womble, a second by Commissioner Sack and a
unanimous vote.
10.
Public Comment
– At this time, the Board opened the floor to members of the public to speak on
any variety of topics not on the agenda.
The following comments were offered:
James
Neufield, 121 Marlton Way – Mr. Neufield explained that he sits on the
Board of Directors of the Oak Hall Homeowners Association. He said the residents of Oak Hall are
concerned about excessive traffic speed on Tulich Way.
Chief
Parker advised the Board that his office had not had any complaints, but he
will put Tulich Way on the list and place the speed trailer there when it comes
to Holly Springs.
Glenn
Myrto, W. Ballentine St. – Mr. Myrto advised the Board that the site of
MAKO Trucking is being used for the storage of more than 40 trucks and trailers
on site. He did not know if that was in
violation of the company’s Special Use Permit, but he wanted to let the Town
know about the situation.
11.
Other Business
11a. Holland Industrial Park – Mr. Self reported that Mr. Brad Holland had met with staff
regarding ideas for development of the industrial park. Mr. Holland made suggestions as to the
location of businesses that have outdoor storage, such as Pecos Construction,
on interior lots of the industrial park.
Mr. Self explained to the Board that Mr. Holland wanted to know if this
would be agreeable with the Town so that outdoor storage uses could be approved
in the future.
Mrs.
Carr asked if the Board agreed that it would be desirable if Thomas Mill Road
were to continue to be developed with spec buildings and nice facades, with
less attractive industrial uses’ being relegated to interior cul-de-sac lots.
Mayor
Holleman also suggested that the lots along Ballentine be reduced in size for
commercial and office uses that would help Mr. Holland recoup the cost of
widening Ballentine Street.
The
consensus of the Board was that it would be appropriate for less attractive
uses to be assigned to the interior cul-de-sac lots.
11b. Project Updates -- Mr. Self reported that the regional
water/wastewater project has drawn strong regional support from neighboring
towns and counties. He also reported on
the status of parks development and major engineering department projects. He then reported to the Board that a smoke
test had been scheduled for two citizens who complained of sewer odors in their
homes. At the time of the tests,
however, both residents refused Town staff entrance to their homes.
11c. Labor Day – Commissioner Atwell brought
up whether or not the Town should charge non-profit organizations for booth
space rental at the Labor Day Festival.
Mr. Bradley advised that the Town currently charges $30 for a booth
space and $50 for concession stand spaces during festivals. He said a Board-approved policy is that the
only agencies exempt from paying Town Parks and Recreation facility rental fees
are the Chamber of Commerce, the school system and other government agencies,
which are also exempt from festival booth space rental fees. He said this policy is the reason he has not
offered the exemption to any other groups, but would if the Board so directed.
Action:
The Board approved a motion to adopt a new policy that non-profit charitable,
church and civic organizations (that are evidenced with tax-exempt numbers)
will be exempt from paying Town festival booth rental fees.
Motion
By: Schifano
Second
By: Womble
Vote:
Unanimous.
12.
Closed Session – The Board approved a motion to enter Closed Session for the purpose of
discussions with the Town Attorney on pending legal matters. The motion was made by Commissioner Sack,
seconded by Commissioner Atwell and carried unanimously.
General Account of Closed Session
7/18/00
In
Closed Session, the Town Attorney reported to the Board about the latest events
in the Don Davis zoning violation case.
He also reported that there is much activity in the various landfill
proceedings. The bottom line, he said,
is that there are no less than 15 pleadings ongoing at one time. He reported that all motions would be sorted
out and reviewed at one time in August.
No action was taken in Closed
Session.
– End General Account
At
this time, Commissioner Dickson moved that the Board reenter Open Session. Commissioner Atwell seconded the motion,
which carried unanimously.
12.
Adjournment – There
being no further business for the evening, the July 18, 2000 meeting of the
Holly Springs Board of Commissioners was adjourned at 10:30 p.m. following a
motion by Commissioner Sack, a second by Commissioner Dickson, and a unanimous
vote.
Respectfully Submitted on Tuesday,
Aug. 15, 2000,
______________________________
Joni Powell, CMC
Town Clerk
Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.